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From Legislation  to Regulation From Legislation  to Regulation

From Legislation to Regulation - PowerPoint Presentation

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From Legislation to Regulation - PPT Presentation

Jason Webb Yackee UW Law School Susan Webb Yackee UWMadison 22015 Preliminary Work Please Do Not Cite Without Permission Delegation Lack of Research Matching the 1 Demand for ID: 727116

statutes matched 1947 demand matched statutes demand 1947 supply 1987 webb statute match 1900 1990 agencies rule authority doi

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Slide1

From Legislation to Regulation

Jason Webb YackeeUW Law SchoolSusan Webb YackeeUW-Madison

2/2015: Preliminary Work; Please Do Not Cite Without PermissionSlide2

DelegationLack of Research Matching the (1)

Demand for Delegated Policy with (2) Supply of that PolicyAgency Perspective is Often Missing

Implications for Congress, Bureaucracy, Law, and Policymaking

Widely Studied

Congress-Bureaucracy (Ex Ante)

Admin. Procedures (MNW)

Statutory Specification (Huber and

Shipan

)Slide3

Research Question:Why do

agencies fail to regulate when commanded to do so?

Why are some congressional laws not acted upon by government agencies?Slide4

Why?Why “Respond”?

Substantive Statute Member/Voting External Political Environment

Why “Ignore”?

Workload/Resources

Other Priorities

Ex Post Oversight WeakSlide5

Measurement

DemandAll Statutes giving Rule-Writing Authority to Secretary of Interior (DOI)1900-90 (1,058 Stat.)1947-87 (392 Stat.)

Supply

All DOI NPRMs (and FRs)

1950-90 (3,086 NPRMs)

Why DOI?

Authority Citation

One

W

ould Expect…

MATCHSlide6

Demand, 1900-1990

Average=11.5 New Statutes Per YearSlide7

Demand, 1947-1987

Shall issue; Shall make;

Shall prescribe;

Shall promulgate; Shall publish;

Must be

developed;

Shall

be

made

;

Shall

by

regulation;

Shall develop; Shall devise; Shall establish Slide8

Demand, 1947-1987Slide9

Supply, 1950-1990Slide10

The MatchData

36% of Statutes Match with NPRMs59% of Mandatory Statutes Match

EX) In 1987, at least 5 NPRMs were issued using only

Discretionary

Statutes, while 31 Mandatory Statutes (in the data) had not yet resulted in an NPRM.

68

%

Deadline

Statutes

Match

Statutes w/1+

Descriptives

Mode 1

Median

=

3

Range= 1 to 593 Time to 1st NPRMMedian= 1.76 yearsRange= <1 to 32 yearsSlide11

Demand and Supply

FWS

80% Matched

NPS

62% Matched

BIA

47% Matched

BLM

47% MatchedSlide12

First LookSubstantive Statute

Mandatory (+)*Deadline (+

)*

Statute Significance

(

+

)*

Multiple Authority (+)

Statute Specificity

(+

)

Member

/

Voting

Conference Committee

(-)

Vote Unanimity (+)External Political Environment

Divided Gov’t (+/-)*CQ Story (+)*SOU (+)* Senate Hearings (+)*DC Court of Appeals (+)Presidential Party (-)Workload/Resources Final Rules (-)Employees (+)/(-)*Budgets (+)Logit ModelDV = Any NPRM Indicators = Agency & DecadesFit = SolidSlide13

ConclusionNext Steps

P1) Adding Committee Info, Hearing Reports, and Co-SponsorsP2) Event History ModelingP3) Regulation Based AnalysesImplications Delegation

and

Discretion

Are These “Closely” Linked?

How Much Slippage is Acceptable?

How “Long” is too “Long” for Responsiveness?Slide14

Thank you!

Jason Webb YackeeAssociate Professor

UW

Law School

Susan Webb Yackee

Professor

UW

-MadisonSlide15

Demand, 1947-1987

Standardized by Total # of Public Laws

Standardized = 2.5%Slide16

Demand, 1900-1990Slide17

Demand, 1947-1987

Statutes with Multiple Grants of RulemakingSlide18

Demand, 1900-1990

Frequency of Authorizing Words

in Statutes by YearSlide19

Congress

President

Textbook

Treatment

Do These “Details” Matter?

Outcome is Important = Substance

Process

is Important

= Implement

Policy

Policymaking in Agencies

Administrative

AgencySlide20

Administrative Procedure Act of 1946

Draft Rule

(NPRM)

Public Comment

Final Rule

The Notice and Comment Rulemaking

General Policy Decisions

(Legally-Binding)

Clearest Ex. of Delegated PolicymakingSlide21

Demand and Supply

FWS

67% Matched;

80% Matched

NPS

50% Matched;

62% Matched

BIA

20% Matched;

47% Matched

BLM

3

8% Matched;

47% Matched